Last Updated: April 22, 2025
These Terms and Conditions (“Terms”) govern your use of Fortuna Seller order management software (“Services”). By subscribing to and using the Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must not use the Services.
Sandeza Inc offers a monthly subscription (“Subscription”) granting you access to the Services. The Subscription includes specific limits on the number of users, number of SKUs that can be listed, number of orders that can be processed, and number of shipments that can be managed per month, as outlined in your Subscription plan.
Each Subscription term is 6 months as part of our “introductory offer”, beginning on the date you first subscribe (“Start Date”) and renewing automatically at the end of Offer period or terminated or canceled in accordance with these Terms.
Your current plan includes:
To access the Services, you must provide accurate, current, and complete information when registering an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Only individuals authorized under your Subscription plan may access and use the Services. You are responsible for ensuring that your authorized users comply with these Terms.
You agree to pay all applicable monthly fees (“Subscription Fees”) for the plan you select. Fees are due in advance of each Subscription period. Pricing and payment terms are defined in your order form, invoice, or on our website.
We will automatically bill the Subscription Fees to your designated payment method at the beginning of each monthly billing cycle. If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Services.
All fees are exclusive of any sales, use, withholding, value-added, or similar taxes. You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities.
We reserve the right to modify the Subscription Fees. If we do so, we will provide you with at least 30 days’ notice. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the modified fees.
Your plan provides for a certain number of users, SKUs and orders processed per month. These limits reset at the start of each monthly billing cycle.
If you exceed your plan’s usage limits, we may:
You agree not to upload or transmit content through the Services that:
You agree to comply with all applicable laws and regulations, including but not limited to data protection and privacy laws.
You are solely responsible for the accuracy of any data, including SKU details, order information, and shipping addresses, that you enter or upload into the Services.
Sandeza Inc (and/or its licensors) retains all rights, title, and interest in and to the Services, including but not limited to software code, designs, logos, trademarks, and other intellectual property.
During the Subscription term, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.
You retain ownership of all content that you upload or input into the Services (“User Content”). By uploading User Content, you grant Sandeza Inc a worldwide, non-exclusive, royalty-free, fully paid-up, and transferable license to host, copy, transmit, and display your User Content solely as necessary to provide the Services.
Each party agrees to protect the other party’s Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event less than a reasonable standard of care.
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and disclose information. By using the Services, you consent to our data practices as described in the Privacy Policy.
Your Subscription begins on the Start Date and continues monthly.
Your Subscription will automatically renew each month post introductory offer period mentioned in section 1.2, unless canceled by you or terminated by us in accordance with these Terms.
You may cancel your Subscription at any time by providing notice through your account settings or by contacting connect@fortunaseller.com. Cancellation will be effective at the end of your current billing cycle.
We reserve the right to terminate or suspend your Subscription at any time if (i) you breach any material provision of these Terms, (ii) you fail to pay any outstanding fees, or (iii) we decide to discontinue the Services. We will provide reasonable notice where possible.
We will use commercially reasonable efforts to maintain the availability of the Services. However, we do not guarantee that the Services will be uninterrupted, error-free, or secure.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR REVENUE, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR AMOUNTS OWED BY YOU AS PART OF YOUR SUBSCRIPTION FEES OR OVERAGE FEES, EACH PARTY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Sandeza Inc IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Sandeza Inc, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach of these Terms, (ii) your violation of any applicable law or regulation, or (iii) your use of the Services in violation of these Terms.
These Terms and any disputes relating to them are governed by the laws of the State of [Specify State], USA, without regard to its conflict of law principles.
Any disputes arising out of or in connection with these Terms shall be resolved exclusively in the state or federal courts located in [Specify County and State]. Each party consents to the personal jurisdiction and venue of such courts.
We may modify these Terms at any time. If we make significant changes, we will provide notice by posting the updated Terms on our website or notifying you via email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
These Terms, along with our Privacy Policy and any other relevant documentation (such as your order form), constitute the entire agreement between you and us regarding the Services and supersede all prior agreements or understandings.
A failure or delay by either party to exercise any right or remedy under these Terms will not operate as a waiver of that right or remedy.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms freely without restriction.
Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control (e.g., natural disasters, government actions, internet disruptions).
If you have any questions about these Terms or need further assistance, please contact us at: connect@fortunaseller.com
